Judge tosses subpoenas of Levario, another judge in probe of contempt case against Dallas DA

A state district judge has tossed the subpoenas of two other judges ordered by Dallas County District Attorney Craig Watkins to appear before a grand jury.

The panel is examining whether two misdemeanor court judges improperly tried to influence state District Judge Lena Levario’s contempt order against Watkins for his refusal to testify at a March hearing where he was accused of prosecutorial misconduct.

Watkins was acquitted of contempt in August. He began the grand jury investigation into whether criminal court judges Julia Hayes and Angela King sought to sway Levario’s decision. It is not known whether Levario is also under investigation.

State District Judge Mike Snipes on Tuesday unsealed orders dismissing the subpoenas of Levario and King. But other filings by attorneys in the case remain sealed “as a prophylactic measure issued out of abundance of caution to protect the integrity and secrecy of the grand jury,” Snipes wrote in his order to unseal the subpoenas.

Snipes has repeatedly ordered those involved not to discuss the case. Prosecutor Russell Wilson declined to comment. So did Hayes, who was not subpoenaed. King could not be reached for comment.

What impact quashing the subpoenas will have on the investigation is unclear. Any successful grand jury investigation would probably need the cooperation of Levario, who will continue to fight speaking with prosecutors or the grand jury.

Tom Mills, an attorney for Levario, said “because of the ruling by the judge, I can’t talk about the remaining sealed documents referenced in the court’s order at this time.”

Hayes’ attorney, George Milner III, has also been subpoenaed. He also represents Al Hill III, the oil family millionaire who accused Watkins of misconduct. Milner’s subpoena was also quashed.

February email

The Dallas Morning News previously reported that the investigation was prompted by a February email Levario sent to prosecutors and defense attorneys in the Hill case. She told them then that she discussed the case with other judges.

“Most were just casual conversations regarding the stress associated with the cases and not the legal issues or outcome,” Levario wrote. “However, 2 judges did leave me with the impression that they are not on Mr. Watkins’ side in this matter.”

Levario then went on to say that “their opinion regarding the DA’s office is irrelevant to me or to this hearing.”

The Texas Code of Judicial Conduct prohibits judges from considering comments made outside the presence of attorneys in a case. They are allowed to talk to other judges.

Wilson responded, requesting that Levario identify the judges and preserve the conversation. Levario wrote back that the conversations with Hayes and King were verbal and not recorded.

The DA’s office wants to question Levario about that conversation and other matters. Levario notified attorneys in the Hill case via email in September that the DA’s office had asked to speak with her.

“I will no more sit down with Mr. Wilson to discuss these cases in his office than I would with the defense attorneys,” Levario wrote.

She dismissed the mortgage fraud indictments of Hill, and the district attorney’s office has appealed. The cases could end up back before her.

Burden of proof

If Watkins is investigating Hayes and King for improper influence, prosecutors would have to prove that the judges tried to influence the outcome of the hearing. Hill alleged Watkins indicted him on mortgage fraud charges as a favor to attorney Lisa Blue. She was feuding with Hill over legal fees and is also a political benefactor of Watkins.

Improper influence is a class A misdemeanor punishable by up to a year in jail. But if the DA’s office believes at least three people conspired to influence Levario, prosecutors could seek indictments for engaging in organized criminal activity. That is a felony punishable by up to two years in a state jail.

Watkins previously subpoenaed Hayes and King in early 2012 after Hayes held one of Watkins’ prosecutors in contempt. Hayes withdrew the charge, but Watkins ordered a grand jury to investigate her for official oppression.

Those subpoenas were also thrown out, but the status of that grand jury investigation is unclear.

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